Capitol Briefing: Week of Jan. 20, 2014
Senate's Work Compares to Various Priorities Laid Out in State of the State Address

State of the Judiciary Acknowledges Senate's Effort to Revise Criminal Code

JEFFERSON CITY – The General Assembly gathered this week in a joint session to hear the governor’s State of the State address.  This annual speech allows the Legislature to hear legislative and budgetary priorities outlined by the state’s highest ranking executive official.  The address highlighted the need for investing in and improving all levels of education and promoting job growth while maintaining a balanced budget, areas of common ground in the Missouri Senate.

One day after listening to the governor’s State of the State address, senators returned to the House chamber to hear Missouri Supreme Court Chief Justice Mary R. Russell deliver her State of the Judiciary address.  The speech marked the 40thanniversary of the first State of the Judiciary address.  In this year’s speech, Chief Justice Russell highlighted the Senate’s work on legislation designed to overhaul Missouri’s criminal code, stating “sensible efforts at streamlining our criminal code are warranted.”

First Bills Move Out of Committee

With a passing vote out of committee, the first measures of the 2014 legislative session are advancing to the full Senate for possible debate.  Members of the Senate Small Business, Insurance and Industry Committee, chaired by Sen. Scott T. Rupp, R-Wentzville, voted “do pass” several bills this week, including:

  • Senate Bill 498, sponsored by Sen. Kurt Schaefer, R-Columbia, which would require health insurance navigators to be bonded by no less than $100,000 to protect individuals against wrongful acts, misrepresentations, errors, omissions, or negligence of the navigator.  The measure would also create a private cause of action against navigators for unlawfully releasing private identifying information.  
  • Senate Bill 508, sponsored by Sen. Mike Parson, R-Bolivar, which would require anyone applying for a navigator license to submit to a criminal background check and take an exam created by the Department of Insurance. 
  • Senate Bill 510, sponsored by Sen. Will Kraus, R-Lee’s Summit, which would redefine the terms “misconduct” and “good cause” when determining if an individual is disqualified from receiving unemployment benefits.
  • Senate Bill 525, sponsored by Sen. Mike Cunningham, R-Rogersville, which would allow  nonprofit organizations to prepare food to serve at charitable fundraising events as long as they display a sign that informs individuals that the food is not subject to regulations and inspection by authorities.
  • Senate Bill 526, also sponsored by Sen. Cunningham, which would require the Division of Workers’ Compensation to develop and maintain a workers’ compensation claims database accessible to potential employers during their pre-hire period.

The Senate Education Committee gave unanimous approval to Senate Bill 492, sponsored by committee chairman Sen. David Pearce, R-Warrensburg.  His legislation would require the cooperative development of a performance-based funding model for public four-year colleges and universities in Missouri. 

Senate Bill 496 — sponsored by Sen. Schmitt — designed to phase in an income tax deduction for business income, was combined with Senate Bill 509, sponsored by Sen. Kraus.  This lead bill makes changes to the state’s individual income tax rate, increases the personal income tax exemption, and creates an individual income tax deduction for business income.  The Senate Ways and Means Committee approved this measure, which now moves on to the full Senate for future debate.

Senators Continue Hearings on Legislation

Shortly after lawmakers heard the governor outline his budget priorities for Fiscal Year 2015, members of the Senate Appropriations Committee, chaired by Sen. Schaefer, held its first meeting this session to review the governor’s recommendations, discuss FY 2014 supplemental recommendations, and examine statewide issues that will affect the state’s spending plan the 2015 fiscal year.

Pentagon: AUDIO FEATURE:  THE SENATE MINUTE   

The Senate Minute for Jan. 23 features audio from Sen. Parson and Sen. Shalonn “Kiki” Curls, D-Kansas City, during the Senate Appropriations Committee hearing.

In the Seniors, Families and Pensions Committee, chaired by Sen. John T. Lamping, R-Ladue, members held a hearing on Senate Bill 518, sponsored by Sen. David Sater, R-Cassville.  His act would extend the MO HealthNet Managed Care program statewide by Jan. 1, 2015, for all eligibility groups that are currently enrolled in a managed care plan as of Jan. 1, 2014.  Currently, MO HealthNet Managed Care is in 54 Missouri counties located in the eastern, central and western regions of the state, and serves as the statewide medical assistance program for low-income families, pregnant women, and children.

Senate Bill 613, sponsored by Sen. Brian Nieves, R-Washington, was heard in the Senate General Laws Committee this week.  Members of the committee listened to testimony regarding the Second Amendment Preservation Act, open carry ordinances, warrants, health care professionals and firearms, concealed carry permits, and unlawful possession of firearms.  Lawmakers plan to continue the hearing on this measure next week, which is also chaired by Sen. Nieves.

Pentagon: AUDIO FEATURE:  THE SENATE MINUTE   

The Senate Minute for Jan. 22 includes audio from Sen. Nieves during the Senate General Laws Committee when it heard testimony on Senate Bill 613.

Members of the Senate and House again came together this week, this time in a committee meeting to discuss veterans’ issues.  The Senate Veterans’ Affairs and Health Committee, chaired by Sen. Dan Brown, R-Rolla, along with the House Veterans’ Committee, listened to presentations by officials from Fort Leonard Wood, Whiteman Air Force Base, and the Office of the Deputy Assistant Secretary of the Army in recognition of Missouri Military Awareness Day.  This event is dedicated to sharing the importance of military installations found throughout the Show-Me State.

The Senate Agriculture, Food Production and Outdoor Resources Committee, chaired by Sen. Brian Munzlinger, R-Williamstown, heard testimony on Senate Joint Resolution 28.  The resolution, also sponsored by Sen. Munzlinger, would ask Missouri voters to approve a constitutional amendment that would create the right to hunt, fish and harvest wildlife in the state.  The amendment states “no law, rule, or regulation shall unreasonably restrict hunting, fishing, or harvesting wildlife, but shall only have the purpose of wildlife conservation and management.  Public hunting and fishing shall remain the preferred way of managing wildlife.”

Pentagon: AUDIO/VIDEO FEATURE:  DAILY AUDIO/VIDEO CLIPS   

The Senate’s Daily Audio/Video Clips for Jan. 22 feature Sen. Munzlinger (Cut 3) presenting Senate Joint Resolution 28 before the Senate Agriculture, Food Production and Outdoor Resources Committee. Senator Jason Holsman, D-Kansas City, who also serves as a member of this committee, provides his thought on the issue (cut 4).

Six measures relating to the education of K-12 students were slated for hearings in the Senate Education Committee this week, chaired by Sen. Pearce.  Five St. Louis-area lawmakers are sponsoring identical bills related to student transfers, school accreditation and charter schools: Senate Bill 485 (Sen. Rupp), Senate Bill 495 (Sen. Eric Schmitt, R-Glendale), Senate Bill 534 (Sen. Scott Sifton, D-Affton), Senate Bill 545 (Sen. Lamping), and Senate Bill 595 (Sen. Gina Walsh, D-Bellefontaine Neighbors).  Legislation sponsored by Sen. Pearce, Senate Bill 493, also relates to school accreditation and student transfers, but creates a statewide achievement school district, which would transfer underperforming schools located in unaccredited school districts to the jurisdiction of the achieving district responsible for administering and overseeing them.  Time ran out in committee to take up his measure for a hearing.

Pentagon: AUDIO/VIDEO FEATURE:  DAILY AUDIO/VIDEO CLIPS   

The Senate’s Daily Audio/Video Clips for Jan. 23 include Sen. Schmitt (Cut 1) and Sen. Sifton (Cut 2) discussing their respective bills in the Senate Education Committee.  Senator Maria Chappelle-Nadal, D-University City, addresses certain financial issues regarding the transfer of students to other districts (Cut 3).

The Senate Judiciary and Civil and Criminal Jurisprudence Committee, chaired by Sen. Bob Dixon, R-Springfield, continued its hearing on Senate Bill 491, sponsored by Sen. Jolie Justus, D-Kansas City.  This measure seeks to revise Missouri’s criminal code, which contains provisions relating to drug- and intoxication-related offenses, sex offenses, elder and vulnerable person abuse, and new felony and misdemeanor classes, among other provisions relating to crimes.  Citizens are directed to submit comments regarding the legislation on the Senate’s Revising the Criminal Code site: http://www.senate.mo.gov/CrimCode/CrimCode.aspx.

In the Senate Ways and Means Committee, chaired by Sen. Kraus, members held a hearing on Senate Bill 543.  The bill, sponsored by Sen. Munzlinger, prohibits the Missouri State Tax Commission from publishing a rule that increases agriculture land productive values more than 5 percent over the current values in effect.  If the president or the governor declares any county affected by a natural disaster in the preceding two years, then the commission is also prohibited from increasing the values for land.  In addition, if there is a substantial decrease in the price for agricultural products in the previous two years, the commission cannot increase agricultural land productive values.  Productive use values are given to land for agriculture/horticultural use and are established by Agricultural/Horticultural Land Grades, which are divided into eight grades based on productive use value: grade 1 is the best land, grade 8 is the poorest.

Hearings on two concurrent resolutions were held in the Senate Rules, Joint Rules, Resolutions and Ethics Committee, chaired by Senate Majority Floor Leader Ron Richard, R-Joplin.  Senate Concurrent Resolution 18, sponsored by Sen. Schmitt, would permanently disapprove and suspend the final order of rulemaking for a proposed amendment to the Quality Standards of Motor Fuels in the Code of State Regulations.   The proposed amendment would allow E15 (gasoline with 15 percent ethanol) at retail by removing the 10 percent maximum limit of ethanol in gasoline and provide vapor pressure relief for gasoline containing 1 percent or more ethanol during winter months.

Senate Concurrent Resolution 21, sponsored by Sen. Pearce, urges the U.S. Air Force to not eliminate or reduce the A-10 Thunderbolt II aircraft fleet, which is maintained and supported in part by the 442nd Fighter Wing located at Whiteman Air Force Base.  The A-10 Thunderbolt II, also known as the Warthog, is a single-seat, twin-engine aircraft that provides close-air support of ground forces and can be used against ground targets, including tanks and other armored vehicles.  The aircraft has been used supporting operations in Afghanistan and Iraq.

Pentagon: AUDIO/VIDEO FEATURE:  DAILY AUDIO/VIDEO CLIPS   

The Senate’s Daily Audio/Video Clips for Jan. 23 feature Sen. Pearce (Cut 6) presenting Senate Concurrent Resolution 21 in the Senate Rules, Joint Rules, Resolutions and Ethics Committee.

Committee hearings are already scheduled for next week, including a meeting of the Senate Appropriations Committee to continue its work on the FY 2015 budget.  To view next week’s committee schedule, visit www.senate.mo.gov and click on the “Senate” link under “Hearings,” or go to http://www.senate.mo.gov/hearingsschedule/hrings.htm.

Introduction of Bills Continues

Some of the Senate bills introduced this week mirror the legislative priorities laid out by the governor during his State of the State address, including reauthorizing the Missouri Rx Program and ending discrimination in the workplace. 

Legislation filed by Sen. Munzlinger would prevent traffic violations enforced by automated systems from counting as points against a driver’s license.  Senate Bill 746 would define those particular violations as infractions subject to fines no more than $135.

Senator Walsh introduced a bill that would require each student attending a public college or university who lives on campus to receive the meningococcal vaccine unless the student has a medical or religious exemption.  Senate Bill 748 is identical to legislation Sen. Walsh filed last year.  Meningococcal disease, commonly referred to as meningitis, affects the lining of the brain and spinal cord when it is infected with certain bacterial.  This disease can be spread by individuals who live in close quarters.

Senate Bill 753, sponsored by Sen. Joseph Keaveny, D-St. Louis, would require the Missouri State Auditor to study the costs of death penalty cases and compare those figures to first-degree murder cases when the death penalty is not sought out.  This one-time report would be submitted to the governor, General Assembly and Missouri Supreme Court by June 2016.

Sponsored by Sen. Sater, Senate Bill 754 would extend the expiration date of the MoRx Prescription Drug Program from 2014 to 2017.  MoRx is Missouri’s State Pharmacy Assistance Program created nearly a decade ago to provide prescription drug assistance to citizens in need by coordinating benefits with Medicare’s (Part D) Prescription Drug Program.  The governor indicated in his State of the State address that reauthorizing the program would prevent more than 200,000 seniors and Missourians with disabilities from paying more out of their pocket for prescription medications.

Legislation that passed out of the Senate last year, but ran out of time in the House, has been refiled by Sen. Justus.  Senate Bill 757 would prohibit discrimination based on a person’s sexual orientation or gender identity; discrimination under this bill would be a violation of the Missouri Human Rights Act.  Discrimination would include unlawful housing practices, denial of loans or other financial assistance, and unlawful employment practices, among other acts.  In his annual speech to lawmakers, the governor called for the end of discrimination against all Missourians in the workplace.

Senator Schmitt is sponsoring Senate Bill 767 this session, which would allow for the creation of a registry for individuals to voluntarily provide information regarding health-related ailments to assist those who are helping during natural disasters or emergencies.  Information provided for the registry, which would only apply to St. Louis County, would not be considered public record.

Senator Paul LeVota, D-Independence, offered a resolution that encourages the Missouri State Board of Education to take certain actions to address struggling school districts in the Show-Me State.  Senate Concurrent Resolution 24 includes mechanisms to modify the current accreditation system and intervene in certain districts that have failed to show progress to regain accreditation.

Pentagon: AUDIO FEATURE:  THE SENATE MINUTE   

The Senate Minute for Jan. 22 also includes audio from Sen. LeVota from the Senate floor when he introduced Senate Joint Resolution 24.

Senate Joint Resolution 45, sponsored by Sen. Ryan Silvey, R-Kansas City, would, upon voter approval, prohibit the governor from controlling the rate of expenditures of, and withholding funds from, the Department of Elementary and Secondary Education.  The Missouri Constitution gives the governor authority to control the rate at which any appropriation is expended and reduce the expenditures of the state or any of its agencies below their appropriations when the actual revenues are less than original estimates.

More than 30 measures were filed in the Senate during the third week of session, bringing the total to nearly 300 Senate bill introduced this year.  Lawmakers have until Feb. 27 to file legislation for the 2014 session.  To see a complete list of bills introduced so far, visit www.senate.mo.gov and click on the “List of 2014 Senate Bills” link under the “Legislation” tab, or click here: http://www.senate.mo.gov/14info/BTS_Web/BillList.aspx?SessionType=R.

Senators are scheduled to return to the floor on Monday, Jan. 27, at 4 p.m.  For more legislative news, please visit the Senate newsroom at www.senate.mo.gov/newsroom, where you will find various audio and video programs and other informational services.